Ord. 2000CUP-64 2013-05-13ORDINANCE NO. 2000CUP-64
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, APPROVING A CONDITIONAL USE PERMIT FOR CERTAIN
PROPERTY, BEING A TRACT CONTAINING 22.7711 ACRES OF LAND
SITUATED IN THE THOMAS J, GREEN SURVEY, ABSTRACT NUMBER 198,
BRAZORIA COUNTY, TEXAS, AND BEING OUT OF AND A PORTION OF THE
CALLED 118.755 ACRE TRACT AS DESCRIBED IN THE DEED TO MARION E.
SATTEGEST, ET AL, RECORDED IN VOLUME 1421, PAGE 25, OF THE
BRAZORIA COUNTY DEED RECORDS, BRAZORIA COUNTY, TEXAS.
(LOCATED AT THE NW CORNER OF BROADWAY ST. AND PEARLAND
PKWY., PEARLAND, TX) CONDITIONAL USE PERMIT APPLICATION NO.
CUP 2013-03 TO ALLOW FOR AN AUTO WASH — SELF SERVICE IN THE
GENERAL BUSINESS (GB) DISTRICT AT THE REQUEST OF LYLE HENKEL
OF TERRA ASSOCIATES, APPLICANT, ON BEHALF OF HEB GROCERY
CO., LP. — TODD PILAND, OWNER, CONTAINING A SAVINGS CLAUSE, A
SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS
RELATED TO THE SUBJECT.
WHEREAS Lyle Henkel, Terra Associates, applicant for HEB Grocery Co, LP —
Todd Piland, owner, filed an application for a Conditional Use Permit to allow for an
Auto Wash — Self Service, on certain property, said property being legally described in
the original applications for amendment attached hereto and made a part hereof for all
purposes as Exhibit "A", and more graphically depicted in the location map attached
hereto and made a part hereof for all purposes as Exhibit "B"; and
WHEREAS, on the 15th day of April, 2013, a Joint Public Hearing was held
before the Planning and Zoning Commission and the City Council of the City of
Pearland, Texas, notice being given by publication in the official newspaper of the City,
the affidavit of publication being attached hereto and made a part hereof for aII
purposes as Exhibit "C", said call and notice being in strict conformity with provisions of
Section 1.2.2.2 of Ordinance No. 2000T; and
WHEREAS, on the 15th day of April, 2013, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the
ORDINANCE NO. 2000CUP-64
proposed Conditional Use Permit application for Lyle Henkel, Terra Associates,
applicant for HEB Grocery Co, LP — Todd Piland, owner, whereby the Commission
recommended approval of the Conditional Use Permit, said recommendation attached
hereto and made a part hereof for all purposes as Exhibit "D"; and
WHEREAS, upon receipt of the report from the Planning and Zoning
Commission, the City Council considered this application and the recommendation of
the Planning and Zoning Commission at regular meeting(s) on May 13, 2013; and June
10, 2013; and
WHEREAS, the City Council, having fully heard the testimony and argument of
all interested parties, and having been fully advised in the premises, finds that in the
case of the application of Lyle Henkel, Terra Associates, applicant for HEB Grocery Co,
LP — Todd Piland, owner, presented which, in the judgment of the City Council, would
justify the approval of said application; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section I. The following described property located within the corporate limits of
the City of Pearland, Texas, and presently classified as General Business (GB), is
hereby granted a Conditional Use Permit to allow for an Auto Wash — Self Service in
said zoning district; such property being more particularly described as:
Being a tract containing 22.7711 acres of land situated in the Thomas J, Green
Survey, abstract Number 198, Brazoria County, Texas, and being out of and a
portion of the called 118.755 acre tract as described in the deed to Marion E.
Sattegest, et al, recorded in Volume 1421, Page 25, of the Brazoria County Deed
Records, Brazoria County, Texas.
Located at NW Corner of Broadway St. and Pearland Pkwy. Pearland, TX
ORDINANCE NO. 2000CUP-64
Subject to the following Conditions:
1. Auto wash bays may not open up to or face onto Pearland Parkway.
2. Building materials for the car wash shall have similar design to that of the main
HEB building (color and overall theme and exclude EIFS and stucco).
Section II. The City Council of the City of Pearland finds and determines that the
recitations in the preamble hereof are true and that all necessary prerequisites of law
have been accomplished. The City Council further finds and determines that there has
been compliance with the mandates of law in the posting and presentation of this matter
to the Planning and Zoning Commission and to the City Council for consideration and
decision.
Section III. The City Council of the City of Pearland finds and determines that
the approval herein granted promotes the health, safety, and general welfare of the
public and is a proper valid exercise of the City's police powers.
Section IV. If any section, subsection, sentence, clause, phrase, or portion of
this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct, and
independent provision and such holding shall not affect the validity of the remaining
portions thereof.
Section V. All rights and remedies, which have accrued in the favor of the City
under this Ordinance and its amendments thereto, shall be and are preserved for the
benefit of the City.
ORDINANCE NO. 2000CUP-64
Section VI. This Ordinance shall become effective after its passage and
approval on second and final reading.
PASSED, APPROVED, and ADOPTED on First Reading this 13th day of, May,
A.D., 2013.
ATTEST:
MA IA E. RODRIGUEZ
DEPUTY CITY SECRETARY
TOM REID
MAYOR
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 13th
day of May, A.D., 2013.
ATTEST:
t
MA RT}X E. RODRIGUEZ
DEPUTY CITY SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
=)6N-1,.T21.k.c,P
TOM REID
MAYOR
Ordinance No. 2000CUP-64
Exhibit "A"
CUP APPLICATION Page 1 of 6 (Updated June 2010)
City of Pearland
Community Development
3523 Liberty Drive
(Community Center)
Pearland, Texas 77581
281-652-1768
281-652-1702 fax
www.cityofpearland.com
APPLICATION FOR
A CONDITIONAL USE
PERMIT (CUP)
Conditional Use Permit Request for: Auto Wash - Self Service
(list proposed use from the Table of Uses of the UDC)
Current Zoning District:
Property Information:
Address or General Location of Property: West side of Pearland Parkway about one
General Business
block north of FM 518.
Tax Account No.
Subdivision:
639584
Pearland Commons
Lot:
A
Block:
A complete application must include all information shown on the
Application Checklist attached to this application.
PROPERTY OWNER INFORMATION:
NAME HEB Grocery Co, LP - Todd Piland
ADDRESS 646 South Main St.
CITY San Antonio STATE TX zip 78204
PHONE( ?AO ) !3g - geOD
FAX( 2-v9 ) 13 R- 7 70 8
E-MAIL ADDRESS
APPLICANT/AGENT INFORMATION:
NAME Lyle Henkel, Terra Assoc.
ADDRESS 1445 N Loop West, Suite 450
CITY Houston STATE TX ZIP 77008
PHONE( 713 ) 993-0333
FAX( 713 )
E-MAIL ADDRESS lehQterraassoc . com
993-0743
*Property owner must be the current owner of the property at the time of submittal of the application, and not the party
that has the property under contract.
As owner and applicant, 1 her by request app -val of the above described request as provided for
by the Unified Developmen de f,= e City bf "-arr nd.
„1}�'Owner's Signature:
11�� Agent's/
Applicant's Signature:
Date: A ,-
Date: -%bll3
OFFICE USE ONLY:
FEES la
PAID JA
c%,
DTE
PAID: 3,
c2V 13
RECEIVED �!(
BY: F-�'
RECEIPT 174281
NUMBER:
Application No. c2012 03
February 20, 2013
City of Pearland
Community Development
3523 Liberty Drive
Pearland, TX 77581
Re.:
Conditional Use Permit for
HEB located at NWQ of Pearland Parkway and Broadway
Pearland, TX
To whom it may concern:
Please let this letter serve as notice that HEB is hereby authorizing Terra Associates, Inc. to act on our
behalf and may file the application with the City of Pearland concerning the Conditional Use permit for
this site.
Please advise if you should have any questions.
Respect r Ily,
yodd Piland
Executive Vice President
P.O. Box 839999
San Antonio, Tx. 78283-3999
H -E -B
(210) 938-8932
(210) 938-7788 fax
646 S. Main Avenue
San Antonio, Tx. 78204
GIS Mapping Interface - Pearland,Texas
Query/info Selection
Layers
Queries
Geocoding
Markup
Manager
Polygons
Area: 924418.87, Perimeter: 3941.02
PolyLines
Points
Text
HEB Site
Callouts
LatF Long
Overview Map
Ordinance No. 2000CUP-64
Exhibit "B"
Draw .f Lat/Long IA Systems
Tool: Draw Text X: 3154662.56, Y: 13769911.23, Longitude: -95.2681, Latitude: 29.5595
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Abutter Map
CUP 2013-03
Pearland Pkwy
@ Broadway
This product is for information purposes and
may not have been prepared for or be suitable
for legal, engineering, or surveying purposes.
It does not represent an on -the -ground survey
and represents only the approximate relative
location of property boundaries. N
0 80 160 320 Feet
IIiiliit'
Medium Density Residential
High Density Residential
AZ
O
acQ'
Offices
Low Density Residential
Parks
4D-10,000sf Lots (Suburban Res)
Retail, Offices and Services
eRogo
WgYST
Public / Semi -Public
FLUP Map
CUP 2013-03
Pearland Pkwy
@ Broadway
This product is for information purposes and
may not have been prepared for or be suitable
for legal, engineering, or surveying purposes.
It does not represent an on -the -ground survey
and represents only the approximate relative
location of property boundaries. N
0 140280 560 Feet
Aerial Map
CUP 2013-03
Pearland Pkwy
@ Broadway
This product is for information purposes and
may not have been prepared for or be suitabl
for legal, engineering, or surveying purposes.
It does not represent an on -the -ground survey
and represents only the approximate relative
location of property boundaries. N
0 140280 560 Feet
I111Iii1I
A
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 Park Avenue
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
Ordinance No. 2000CUP-64
Exhibit "c»
I, Lloyd Morrow, hereby certify that the notice hereby appended was published in
THE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris and
Galveston Counties, for / issues, as follows:
No % Date - 20 /3
No. Date _______
No.
N
- -_ Date
Date
Date
No.
Subscribe and sworn to before me this __
20i
20
20
20
20
CFO
day of 4(/Le--Z1
A/A
tcy.
o I;Ss
LAURA ANN EMMONS
NOTARY PUBLIC
STATE' OF TEXAS
1Y Car=F usss n Expires 0909--2014
Laura Ann Emmons, Publisher
Notary Public, State of Texas
NOTICE OF A JOINT
PUBLIC HEARING OF
THE CITY COUNCIL
AND THE PLANNING
AND ZONING COM-
MISSION OF THE CITY
OF PEARLAND,
TEXAS
CONDITIONAL USE
PERMIT
NO. CUP 2013-03
Notice is hereby given
that on April 15, 2013 , at
6:30 p.m., the City
Council and Planning
and Zoning Commission
of the City of Pearland,
in Brazoria, Harris and
Fort Bend Counties,
Texas, will conduct a
joint public hearing in
the Council Chambers of
City Hall, located at
3519 Liberty Drive,
Pearland, Texas, on the
request of Lyle Henkel,
Terra Associates, appli-
cant for HEB Grocery
Co, LP — Todd Piland,
owner, for approval of a
Conditional Use Permit
to allow for Auto Wash —
Self Service in the
General Business (GB)
zone, on property locat-
ed at the northwest cor-
ner of Broadway and
Pearland Pkwy., more
specifically described
below:
Being a tract containing
22.7711 acres of land
situated in the Thomas
J, Green Survey,
abstract Number 198,
Brazoria County, Texas,
and being out of and a
portion of the called
118.755 acre tract as
described in the deed to
Marion E. Sattegest, et
al. recorded in Volume
1421, Page 25, of the
Brazoria County Deed
Records, Brazoria
County, Texas.
General Location:
Northwest corner of
Broadway (FM 518)
and Pearland Parkway.
At said hearing, all inter-
ested parties shall have
the right and opportunity
to appear and be heard
on the subject.
Ian Clowes
Planner II
Ordinance No. 2000CUP-64
Exhibit "D"
Planning & Zoning Commission
Recommendation Letter
April 16, 2013
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on CUP 2013-03
Honorable Mayor and City Council Members:
At their meeting on April 15, 2013, the Planning and Zoning Commission considered the
following:
A request of Lyle Henkel, Terra Associates, applicant for HEB Grocery Co, LP — Todd
Piland, owner, for approval of a Conditional Use Permit to allow for Auto Wash — Self
Service in the General Business (GB) zone, on property located at the northwest corner
of Broadway and Pearland Pkwy., more specifically described property:
LEGAL DESCRIPTION: Being a tract containing 22.7711 acres of land situated in the
Thomas J, Green Survey, abstract Number 198, Brazoria County, Texas, and being out
of and a portion of the called 118.755 acre tract as described in the deed to Marion E.
Sattegest, et al, recorded in Volume 1421, Page 25, of the Brazoria County Deed
Records, Brazoria County, Texas.
GENERAL LOCATION: NW Corner of Broadway St. and Pearland Pkwy. Pearland, TX
After staff presentation Commissioner Daniel Tunstall made a motion to approve the
Conditional Use Permit (CUP) with staff conditions and Commissioner Matthew Hanks
seconded. There was discussion regarding the proposed site layout, specifically access and
driveway layout. The commission was also concerned about the overall design of the car wash
facility and whether it will match the main HEB facility. Following this discussion Commissioner
Daniel Tunstall amended the original motion, adding the condition that building materials for the
car wash must be consistent with that of the main HEB building and should exclude El FS and
stucco. The motion was seconded by Commissioner Matthew Hanks. The vote was 5-0 and the
motion passed.
Sincerely,
Ian Clowes
Planner 11
On behalf of the Planning and Zoning Commission
JOINT PUBLIC HEARING AGENDA ITEM
MEETING OF APRIL 15, 2013
Conditional Use Permit No. CUP 2013-03
A request of Lyle Henkel, Terra Associates, applicant for HEB Grocery Co, LP —
Todd Piland, owner, for approval of a Conditional Use Permit to allow for Auto Wash
— Self Service in the General Business (GB) zone, on property located at the
northwest corner of Broadway and Pearland Pkwy., more specifically described
property:
Legal Description: Being a tract containing 22.7711 acres of land situated in the
Thomas J, Green Survey, abstract Number 198, Brazoria County, Texas, and being
out of and a portion of the called 118.755 acre tract as described in the deed to
Marion E. Sattegest, et al, recorded in Volume 1421, Page 25, of the Brazoria
County Deed Records, Brazoria County, Texas.
General Location: NW Corner of Broadway St. and Pearland Pkwy. Pearland, TX
APPROVAL PROCESS: After this Joint Public Hearing, the requested zone
change application will be considered as follows:
Planning and Zoning Commission:
City Council for First Reading:
City Council for Second Reading:
April 15, 2013*
May 13, 2013*
May 13, 2013*
(*dates subject to change if item is tabled)
SUMMARY: The applicant is requesting a Conditional Use Permit to build an Auto
Wash (Self -Service) on the subject parcel. The property is currently zoned General
Business (GB), which permits the proposed use with the approval of a CUP.
Auto Wash (Self -Service) is defined as follows in the Unified Development Code (UDC):
Washing, waxing or cleaning of automobiles or light duty trucks where the owner of the
vehicle causes the vehicle to become washed. One type of unattended car wash
facility utilizes automated self-service (drive-through/rollover) wash bays and apparatus
in which the vehicle owner inserts money or tokens into a machine, drives the vehicle
JPH 04-15-2013
CUP 2013-03
Page 1
into the car wash bay, and waits in the vehicle while it is being washed. The other type
of unattended facility is comprised of a wand -type self-service(open) wash bays in
which the vehicle owner drives the vehicle into the wash bay, gets out of the vehicle,
and hand washes the vehicle with a wand -type apparatus by depositing coins or tokens
into a machine.
The access to the facility is proposed from Pearland Pkwy. Preliminary Site plan
drawings show the tunnel openings face Broadway while the more articulated primary
facade faces Pearland Pkwy.
SURROUNDING ZONING AND LAND USES:
Zoning Land Use
North Planned Development Vacant
(PD)
South General Business (GB) Commercial
East General Commercial (GC) Commercial
West General Business (GB) Commercial
CONFORMANCE TO THE UNIFIED DEVELOPMENT CODE (UDC): The subject property
is currently zoned General Business (GB). The overall parcel is 22.82 acres and meets the
minimum size for the GB zone. The property will be required to meet all current
requirements of the Unified Development Code for the proposed use.
PLATTING STATUS: The property has been platted as Pearland Commons.
CONFORMANCE TO THE COMPREHENSIVE PLAN: The Comprehensive Plan
recommends Retail, Offices, and Services for the subject property and the surrounding
properties. The Comprehensive Plan further indicates that the appropriate zoning districts
are General Business (GB), and Office Professional (OP). The existing zoning and the
proposed use with an approved CUP are in compliance with the Comprehensive Pian.
CONFORMANCE TO THE THOROUGHFARE PLAN: The subject property has frontage
on Broadway and Pearland Pkwy., both major thoroughfares with sufficient width for right-
of-way of 120 feet. There are not any dedications required for Broadway or Pearland Pkwy.
The proposed Conditional Use Permit is in conformance with the Thoroughfare Plan.
AVAILABILITY OF UTILITIES: The subject parcel is served by public water and sewer.
IMPACT ON EXISTING AND FUTURE DEVELOPMENT: The applicant is requesting
approval of a Conditional Use Permit that would allow auto Wash to be built as part of
JPH 04-15-2013
CUP 2013-03
Page 2
an overall shopping development. It is not anticipated at this time that the proposed use
will have any major impacts on the surrounding development. The auto wash will be
located as part of a fuel station which is already a permitted use in the GB zone.
Staff recommends a condition of approval that would not permit the auto wash bay to face
Pearland Pkwy. As the proposed location is much closer to Pearland Parkway than
Broadway, turning the bay opening away from Pearland Parkway will minimize the visual
effect that the proposed use may have on Pearland Parkway.
ADDITONAL COMMENTS: This request has been reviewed by the City's Development
Review Committee (DRC) and there are no additional or outstanding comments from other
departments.
SITE PLAN CONSIDERATIONS: A site plan was submitted with the application. The plan
shows the auto wash being located near the Pearland Parkway frontage with the bays
facing toward Broadway.
PUBLIC NOTIFICATION: Public notice/comment forms were mailed to property owners
within 200 feet of the subject property under consideration. A legal notice of public hearing
was published in the local newspaper, and a sign advertising the proposed Conditional Use
Permit was placed on the subject property.
OPPOSITION TO OR SUPPORT OF PROPOSED REQUEST: Staff has not received any
comments either in opposition to or in support of the proposed Conditional Use Permit
request at this time.
STAFF RECOMMENDATION: Staff recommends approval of the Conditional Use Permit
No. CUP 2013-03 as proposed by the applicant for the following reasons and the following
condition:
1. The proposed Conditional Use Permit should not have any significant negative
impact on the surrounding properties and developments.
2. The proposed Conditional Use Permit is in conformance with the current land use
plan.
3. This proposed Conditional Use Permit is compatible with the neighboring properties
zoning classification
CONDITIONS:
1. Auto wash bays may not open up to or face onto Pearland Parkway.
JPH 04-15-2013
CUP 2013-03
Page 3
SUPPORTING DOCUMENTS:
• CUP Application
• Vicinity Map
• Property Ownership Map
• Property Owner Notification List
• Zoning Map
• Future Land Use Plan
• Aerial Photograph
• Other Maps and Related Documents
JPH 04-15-2013
CUP 2013-03
Page 4